ENFORCE23841

• Permit No: M2005071
• IBM Index Class Name: Enforcement
• Doc Date: 3/13/2007
• Doc Name: Notice of Formal Public Hearing
• From: DRMS
• To: MVR Resources, Inc. & Parties to Appl
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY (/
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
March 13, 2007 /
Parties to the Benson Brothers Red Shale Pit Application Process
Addresses as indicated on the Certificate of Service
COLORADO
DIVISION OF
RECLAMA'T'ION
MINING
- &-
SAFETY
Bill Owens
Governor
ftusselt George
Executive Director
and Ronald W. Cottony
Division Director
Mr. Michael L. Rlpp Natural Resource Trustee
MVR Resowces, Inc. ~ par` tss ~` ~1o~0~I Gq~te~t
P. O. Box 54
Delta, Colorado 81416
.~ r
RE: Benson Brothers Red Shale Pit, File No. M-2005-071, Notice of Formal Public Hearing to Consider The Benson Brothers
Petition for Reconsideration of the Division's Decision to Deny Technical Revision No. I
Dear Parties and Mr. Ripp:
The Division of Reclamation, Mining and Safety (division) received the Benson Brothers Petition for Reconsideration (copy enclosed)
of the division's decision to deny Technical Revision No.l (TR-1). TR-1 was denied due [o a determination that the proposed activity
of obtaining water from the BB Seep increases acreage affected by the mining operation. The Division believes this change must be
processed as an amendment to the permit.
The Petition for Reconsideration will be heard by the Mined Land Reclamation Board (Board) during a Formal Public Hearing
scheduled for April 11-12, 2007 a[ 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:30 A.M., or as soon thereafter
as the matter can be considered.
Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's order before it becomes final.
If you wish to do so, you must provide the Board with a written request to review the draft order prior to or at the time of this hearing,
or you must inform [he Boazd orally during the hearing that you request to review the draft order. You must include your mailing
address and, if possible, a fax or email address. You will be provided a copy of the draft order for your review as soon as it is
available. The Board must receive your comments on the draft order within ten (10) calendar days of the date the draft order is
mailed, unless that deadline is extended. Please note that the Division of Reclamation, Mining and Safetv has requested and will be
allowed to review and comment on the draft Boazd Order nrior to mailing to anv nartv. Submit all comments in writing to Mr. Tyson
Powell, Assistant Attorney Genera], 1525 Sherman Street, 5th Floor, Denver, Colorado 80203, or FAX #[phone]. The Board
will resolve any issues regarding the form and substance of the order. This process does not affect yow right to request
reconsideration by the Board or appeal the form or substance of the order.
If you need additional information, please contact me at the Division of Reclamation, Mining and Safety, Grand Junction Field Office,
101 South Thvd Street, Room 301, Gtand Junction, Colorado 81501, phone no. 970-243-6368.
Sincere
Steve S. Shuey
Environmental Protec ~ n Specialist
Enclosures
Cc w/enclosures: see Certificate of Service mailing list
Office of
Mined Land Reclamation
RECE1 VED
MAR 1.9 2007
Division of Reclamation,
Mmin9 and Safety
Office of
Active and Inactive Mines